• LESSON 8:LEGISLATION AND

THE RULE OF LAW

PREPARED BY:
AIRA JANE C. GAMBOA
NIL JOHN V. MOYANO
INTRODUCTION

It is often said that it is a must to follow or obey the law, and that no one
is above it. In fact, those who fail to abide the rule of law are
imprisoned or punished. Laws also address the excesses commited in
enjoying these rights. It is important to be able to understand the nature
of laws and lawmaking.
LAWMAKING AND THE RULE OF LAW

• What is LAW?
LAWS are set of rules or pieces of legislation that are formulated by the government
and are meant to be followed by all citizens of state.
• A law is also
• to as a STATUTORY LAW or LEGISLATION, and is made by a legislative body such
as congress or parliament.
• LEGISLATION also refers to the act of making laws,and is one of the powers of
government .
• The importance of laws and legislation for a state is underscored by the RULE
OF LAW. The rule of law is a principle centered on the belief that a state
should be governed by laws not by the arbitary decisions of leaders.
• WHAT EMBODIES THE LAW?
Laws embody the principle and idea of the state, ensure that social and political
order are maintained in the country,and enable the state to achive its goals.
• Laws also set reasonable limits on the actions of any member of state;any
action,no matter how justifiable,moral,or benevolent it may be, has to be
within the bounds of the law.
• As such, laws regulate the actions of government agenicies and set limits on
freedoms of citizen to prevent the abuse and mosuse of their power and
rights.
• In the Philippines, the crafting of laws is the primarily the responsibility of the
Philippine congress,which is the legislative branch of the government. However,
congress also works closely with the executive and judicial branches in the
promulgation and evaluation of laws.
• The executive branch also issues pronouncements which have the power of law
as they are enforced by the various branches of government and followed by
citizens.
• Meanwhile, the decision of Supreme Court also constitute a body of legal
knowledge that influences the creation of laws. Citizen can also participate in
legislation through an initiative and a referendum.
• An INITIATIVE allows the people to directly propose laws and even
amendments to the constitution
• A REFERENDUM, meanwhile, is a means by which the people are able to vote
to either approve or reject a piece of legislation.
THE NATURE OF PHILIPPINE LAWS

• Modern Philippine laws are classified into various types. These are defined
according to the specific political or social matters and they deal with,or the
particular group or system under their scope.
• The CONSTITUTION is the supreme law of the land,and it is the basis and
foundation of all laws in the country.
• It is also an ORGANIC LAW, or a law that describes and organizes the
government that will run the state.
• At present, the 1987 constitution serves as the organic law of the fifth
Philippine republic.
• REPUBLIC ACTS are laws which create policies to carry out the principles
stated in the constitution. These are crafted,passed by congress, and
approved by the President. These acts are enforced by the government and
must be followedby all citizens throughout the country.
• Various laws created by congress may fall under one of the following general
classifications:
• ADMINISTRATIVE LAW- refers to legislation specifically concerned with the activities
or actions of government agenices and departments.
• CIVIL SERVICE LAW- pertains to public service,particularly the employment,selection
and promotion of public workers.
• CIVIL LAW- outlines the rights and duties of individuals,particularly concerning
contracts and other agreements
• CRIMINAL LAW- address crimes, and outlines criminal behaviors and their
appropriate sanctions.
• LABOR LAW- addresses the relationship between employers and workers and
outlines their rights,responsiblities,and previlages.
• COMERCIAL LAW- focuses on trade concerns, particularly production, distribution
exchange,and pricing of goods and services.
• TAXATION LAW- identifies, determines and regulates type of taxes to be levied
form a particular business transaction,trade or activity.
• At the local level,the power of legislation is wielded by the
barangay,city,municipal, and provincial councils.
• These bodies create and enact ORDINACES that are applicable within their
respective jurisdictions.
• The President may also execute pronouncements that are not legislation but
have the effect of law since they are also implemented by the government
and followed by citizens.
• These include EXECUTIVE ORDERS, ADMINISTRATIVE ORDERS, and
PROCLAMATION.
• Executive orders- are rules based on the power of President as heaf of the
executive branch of government. They addressed the organization offices and
authorize departments to perform and action.
• Administrative orders- are laws which are enacted to help the President
improve his or her management of the government. This include the creation of
bodies such as a task force or an executive committee,or the implementation
of rules and regulations for a government agency
• Proclamations - are issuance that primarily set dates of natuonal or local
interest,such as holidays and commemorations. Proclamations also cover
declarations of states of emergency as well as martial law. All of these
pronouncements must be based on leguslation and are subject to judical
review.
• Two important characteristics of laws are VALIDITY and CONTINUITY.
• The validity of laws is determined through a collaborative process involving all of
the branches of government. Congress,for instance, ensures that new laws do not
duplicate or contradict pre-existing laws. If they do, then legislators must act on
repealing the law. In most cases,only part of the law is amended or repealed. The
president reviews a piece of legislation prior to signing,and may exercise his or her
veto power on the law or parts of ut may be deemed unacceptable. The judiciary
can also review laws and determine whether they are constitutional or
unconstitutional .
• Continuity means that a law remains valid until it is either
amended,repealed,or replaced by a new law. It is the duty of congress to
review existing laws,amend them to conform to current legal and political
developments,and repeal or replace those that are considered obsolete.
THE PHILIPPINE CONGRESS

• The Philippine congress is the legislative branch of the he government which

has the power to create laws. Its isa a bicameral body composed of two
houses the Upper house or senate and the Lower house or House of
Representatives. Both houses have specific responsibilities and their members
are chosen based on distinct criteria.
• The Senate is composed of 24 senators who are elected nationally. Each senator
serves a six-year term of office,for a macimum of two consecutive terms. According
to the constituion,those who aim to obatin in the senate are required to meet the
following qualifications:
1. Must be a natural-born citizen of the Philippines;
2. Must be at least 35 hears old on the day of election
3. Must be literate;
4. Must be a registered voter;and
5. Must have lived int the Philippines for at least two years before the day of
election.
• The senator elect themselves the officers who will head the various offices of
the body. The Senate President is the highest official of the senate who leads
the senate sessions and ensures order in all proceedings. The senate president
is also considered the third highest official in the government after the
president and the vice-president. Senators also elect a Senate president pro
tempore,who performs the functions of the senate president in case of latter’s
prolonged absence,incapacity or removal from office.
• The members of the majority bloc,elect the Majority floor leader while the
members of the minority political bloc elect the Minority floor leader. Thse
two officials work together in endorsing,analyzing,and evaluating proposed
pieces of legislation in the Senate.
• The lower house or the House of Representatives is composed of
representatives who ate colloquially referred to as “congressman” and
“congresswomen.”
• The members of the House of Representatives are given three-year terms,and
may serve not more than three consecutive terms in office.
• The constitution states that the House of Representatives must be composed of
250 members. Each member is classified either district representative or
partylist representative. They comprise the majority of House of
Representatives. These representatives are elected by constituents residing in
their respective congressional districts. These districts are determined by law,,
based on the number of people residing in certain ares in the country.
According to the constitution,a province or a city with a population at least
250,000 requires atleast one representative..
THE CONGRESSIONAL DISTRICTS INT THE
PHILIPPINES AS OF THE 16TH CONGRESS (2015)
• The partylist representatives,meanwhile makeup about 20% of the members
pf the House of Representatives. They do not represent a certain geopolitical
are of the country;instead,they come from Organizations correspondinb to the
various sectors pf society,such as,the yourh,women,the labor sector,and
indigenous communities,among others.
• The constitution states that an individual running for a position int the House of
Representatives must be:
1. Natural born Filipino;
2. At least 25 years old by the day of elections;and
3. Literate.
• A district representative,meanwhile,is requy specifically to meet two more
qualifications. He or she:
1. Must be a registered voter of the district in which he or she shall be
elected;and
2. Must have lived in the same district for at least a year before the day of
elections.
• Like in the Senate,the members of the House of Representatives also elct their own set
of officials.
• The highest of which is the Speaker of the house.the speaker is the presiding officer
during sessions and is the key decision-maker in the house. He or she is also the chief
administrative officer of the house.
• Should the speaker be absent,incapacitated,or removed from office,he or she shall
be replaced by one of the Deputy speakers. They are the second in power after the
speaker.
• The next leadership position in the House of Representatives are the majority
and minority leaders. The Majority leaders serves as the spokesperson of the
majority party in the house and leads the discussions on the bills being passed.
• On the other hand, Minority leader acts as the spokesperson of the minority
party in the house.
• The final two officials int the House of Representatives are the Secretary-
General and the Sergeant at arms. The Secretary general secures and
manages the house records and property,as well as contracts and agreements
related to the activities of the house.
• Meanwhile,the Sergeant at arms is tasked to maintain order and safety inside
the premises of the House of Representatives.
LEGISLATIVE COMMITTEES AND CONGRESS
SESSIONS
• Both the senate and the House of Representatives organize legislative committees to
review existing laws and state policies and investigate the conditions of the country in
order to propose appropriate legislation or amendments to existing laws. House
committees evaluate whether the implemented laws are actually effective in
improving the affairs of the state. They also evaluate the efficiency of national
agencies and organizations tasked with executing these laws. Lastly,the House
committees constantly study the states of the country and create additional or
replacement laws to address any problems or issues.
• There are two kinds of committees in each legislative houses. Both houses have
standing committees which attend to aspects of national affairs that require
continuing or comprehensive legislative study,attention,and action. In the
senate,the standing committees are also referred to as a permanent
committees. Some examples pf standing committees are the committees on
agriculture and food which is concerned with food production, agri-business
and agricultural education among others.
• Both houses also have special committees which are also reffered to in the senat
congressional d hoc or oversight committees. In contrast to the standing
committees,the special committees attend to national and local matters which are
more specific and require immediate legislative action.
• In the case of the senate,the special committees also review or evaluate specific laws
which have already taken effect in the country.one example pf special committee is
the house of committee on southern tagalog development,which is focused on the
development of the southern tagalog area in terms of economic,tourism,and among
the agriculture,among th me other aspects.
• The composition of these committees differs between the two houses. In the senate,
the committees are composed of a chairperson,a vice-chairperson;committee
members and ex-officio members which are entitled to their membership as part of
their election as senators.
• Headed by a chairperson and a vice-chairperson;however their members are
grouped in to two,namely,the members for the majority and the members of minority.
As their name suggest, they represent the parties or political groupings with the
higher and the lower voting power in the House of Representatives ,respectively.
• The regular session of congress starts on the foirth Monday of july and ends
before the fourth Monday of the succeeding year. Special or mergebcy
sessions may also be held as per the order of the president. It is in these
sessions that the bulk of the legislative process takes place.
THE LEGISLATIVE PROCESS

• A law is created through the legislative process. The process starts with the
initation of a bill or proposed legislation. The bill contains outline of the
provisions of the proposed law, as well as an explanatory note providing the
background or need for such a law. A bill may be passed individually or
jointly by members of congress,or on behalf of legislative committee. Both
senators and representatives may propose bills that address issues and
concerns at the national and local level.
• Whatever the agenda or scooe of a proposed legislation is, it ie expected to
respond effectively to the needs od the filipino public,and fonform to the
principles upheld by the constitution. Thus,all proposed laws are subjected to a
rigorous process of evaluation and analysis. This process is outlined as follows:
AUTHOUSHUP AND LABELING OF THE BILL

• The House of Representatives and the senate author bills to address issues on
both the national and local levels. These bills are then submitted for
consideration in their respective houses. If the bill is filled in the senate,it is
labeled as “S.B”, which stands for senate bill. It is filled in the House of
Representatives,it js labled as “H.B”, which stands for house bill. It is also
assigned a specifix number.
FIRST READING

• The author and the tittle of the bill are read, and the document is reffered to
the appropriate legislative committee,depending on the agenda of the bill.
COMMITTEE CONSIDERATION/ACTION

• The appropriate legislative committee evaluates the bill and may conduct
public hearings. In these public hearings,experts on the agenda of the bill are
invited to provide insights and information to improve it. After conducting
public hearings and discussing the bill,the committee may introduce
amendments,consolidate it with other similar bills,or proposed a substitute bill.
• After the bill has gone through committee consideration,it will then be reffered
to the committee on rules,which include the bill in its calendar of business.
SECOND HEARING

• This is the stage where the valendar of business takes effect. The calendar of
business includes sponsorship, or the generation of upport from other house
members;a period od debate, where the soundness of a bill is orally
deliberated among the legislators: a period of amendments,where a bill
undergoes revisions; nominal voting,where the house members decide
whether the bill should proceed to the next stages of the legislative process.if
the bill considered favorably,it will be scheduled for a third reading. If not,it
will instead be archived and may be considered for future legislation.
THIRD READING

• The revised bill is printed and distributed to the members of the house. Toll
call voting then takes place. If the bill is voted favorably,it is transmitted to the
other house for consensus. For instance, if the bill originated kn the House of
Representatives,it is then passed to the senate once it gains approval form
majority of the representatives of the lower house. If the bill is not voted
favorably,it will instead be archived. Once the bill reaches other house of
congress,it undergoes the same process of evalutaion and approval as
undertaken in the previous house.
• In the event that who house have a disagreement on the contents of the bill, a
Bicameral conference committee is organized to reconcile their differences
and make appropriate amendments to the bill. After this, the bill is submitted
for the approval of both houses of congress. At this point, no amendments are
allowed. After approval,it is now printed in its final (engrossed) form, and
submitted to the office of the President for approval
PRESIDENTIAL ACTION

• If the President approves the bu, it becomes a law and id labled as a

“Republic act”. It takes into effect 15 days after approval,and is published in
the official gazette or at least two nationally circulating newspapers. A bill
may also lapse into a law if the President does not take actuon 30 days after
receiving it.
• Should the President disapproved the bill,he may veto it and have it returned
to the legislative house where it was originally authored,with an explanation
regarding the veto. Upon return to the specific legislative house,its members
review the President’s reasons for disapproving the bill. Both legislative houses
may then accept the veto and ammend the bill or override it instead.
Overriding a presidential veto is done by a vote of agr least 2/3 of the
members of each house.
HOW A BILL BECOMES LAW
OTHER ROLES AND POWERS OF THE PHILIPPINE
CONGRESS
• Apart from enacting legislation, the Philippine congress as a while,or its houses and
legislative committees. Undertakes other significant tasks related to governance.
These responsible require congress to work closely with the other branches of
government and to exercise specific powers related to these roles.
• As a part of its legislative function, congress inititaes investigations into matters of
public concern. This is jn order to gather information that will aid lawmakers in
reviewing and amending laws,and making necessary legislations to address local
and national issues.
• Another important power of congress in line with its legislative function is the
approval of the appropriation of the national budget. The national budget is
initially made by the office of the President,but its is the House of
Representatives hat evaluates and approves each item in appropriation. The
house enacts an appropriations bill which goes through legislation process,
and must be approved by majority of the members of the House of
Representatives.
• The senate may also review the appropriations bill and propose amendments
to it,but the power to approve the bill lies solely in the lower house. The
resulting law is known as the General appropriations act for the specific fiscal
year.Congress can also pass other appropriations bills for specific purposes;
however, no law can be passed that will authorize the transfer of
appropriations. Should congress fail to pass an appropriation law at the start
of succeeding fiscal year,the previous appropriations law shall be considered
to remain in force until the new appropriations bill is passed by congress.
• The congress also organizes itself as the National board of Canvassers
during the Presidential and Vice- Presidential elections. Its also addreses
electoral protests related to the election of member of congress by organizing
Electoral tribunals, which are the sole judges of all election contest relating to
the members of the senate and the House of Representatives. The senate and
house electoral tribunals are composed of three justices of the supreme court,
and six members from either of the House of Representatives or the senate.
• The other powers of congress are in keeping with the system of checks and
balances instituted by the constitution. The congress has a commission on
appointments that is composed of representatives and senators from both
houses and headed by the president of the senate. It is the responsibility of
the commission to review and approve all executive appointments such as
cabinet officials and heads of government offices.
• This is to ensure that only those who ate fit and qualified to perform the
functions and responsibilities required of such positions are appointed in the
government. Congress is also the sole branch that has the power to declare a
state of war. It is also congress that authorizes the President,by law,to exercise
the powers necessary to address wars or national emergencies. The grant of
emergency powers is for limitied duration only, and may be withdrawn by
congress at any time. The senate,meanwhile, is the sole body that approves all
international treaties and agreements entered into by the government.
• The impeachment of public officers is also initiated within congress, parity the House
of Representatives. The process of impeachment begins when any house
representative submits a verified impeachment complaint to congress. After a period
of review by the appropriate house committee,the articles of impeachment are
submitted to entire lower house for voting. A vote of 1/3 of all members of the
House of Representatives is needed for the complaint to be affirmed. Once the
articles of impeachment are approved,the matter is forwarded to the senate , which
has the sole power to try and decide all cases of impeachment. A vote of 2/3 of the
members of the senate is needed to convict the impeached official.
THANKYOU AND GOD BLESS!